Benami property transaction act
Querist :
Anonymous
(Querist) 19 September 2022
This query is : Resolved
I was live-in relationship with an women for five years during pendency of divorce from first wife. One child was born between us. I have purchased a big house in the name of my live in partner. Soon after purchase, she leaves me & remarried. I asked her to return my property & she refused. I filed 406, 420 IPC claiming to refund of my money invested in that house as money was given to her as loan. She did not refunded my money/property. Now she wants to sale the house. Can I file declaration / title suit & injunction for house purchased in her name ?
All documents available that money was paid to her by me.
Is this is benami property ?
kavksatyanarayana
(Expert) 19 September 2022
Yes. It is a Benami property. You can file the case by consulting a local lawyer.
Dr J C Vashista
(Expert) 20 September 2022
The woman, (live-in) is absolute owner of the property purchased in her name, despite the fact it is hit by the provisions of Prohibition of Benami Properties Transaction Act, 1988.
Read provisions of Amendment Act, 2016 and a recent (23 August 2022) judgment of Supreme Court.
Advocate Bhartesh goyal
(Expert) 20 September 2022
I cocur the advice of expert Dr.J.C.Vashista, woman ( live-in ) is absolute owner of property so you can't claim legally.
Querist :
Anonymous
(Querist) 20 September 2022
Is there any way to recover the property ?
Querist :
Anonymous
(Querist) 20 September 2022
Can I file Title Suit / Declaration suit for the property ? And injunction ?
Dr J C Vashista
(Expert) 22 September 2022
Do you have any evidence qua grant of loan for purchase of subject house, within 3 years from today ? If so, you may file a suit for recovery of the amount otherwise, it is the estate of the woman.
Querist :
Anonymous
(Querist) 23 September 2022
Sir,
I have taken loan from bank for the purpose. But I have no written evidence that she have taken the money as loan, although she varbally promise me to transfer house to me in case she leaves me.
Can I file money recovery suit ?
Please help me.
Dr J C Vashista
(Expert) 23 September 2022
You can file the case but will not be able to prove and it will be dismissed.
